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The Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016

S.I. 2016/738 · Made 11 July 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 3 August 2016.

Environmental Protection

Made 11th July 2016

Laid before Parliament 12th July 2016

Coming into force 3rd August 2016

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a)

in relation to regulations 8 and 10, section 2(2) of the European Communities Act 1972f1 (“the 1972 Act”) and section 2 of, and Schedule 1 to, the Pollution Prevention and Control Act 1999f2 (“the 1999 Act”), and

(b)

otherwise, section 2(2) of the 1972 Act.

The Secretary of State has in accordance with section 2(4) of the 1999 Act consulted—

(a)

the Environment Agency;

(b)

such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses as the Secretary of State considers appropriate; and

(c)

such other bodies or persons as the Secretary of State considers appropriate.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to the environmentf3.

Annotations to the whole text

Footnotes

f1

1972 c.68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51), and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

f2

1999 c.24; section 2 was amended by section 62(13) of the Water Act 2014 (c.21) and by S.I. 2013/755 (W.90). Schedule 1 was amended by section 38 of the Waste and Emissions Trading Act 2003 (c.33), by section 105(1) of the Clean Neighbourhoods and Environment Act 2005 (c.16), and by S.I. 2005/925, 2011/1043, 2012/2788 and 2015/664.

f3

S.I. 2008/301.

Contents

  1. 1Citation, commencement, extent and application
  2. 2Amendment of the Environmental Protection Act 1990
  3. 3Amendment of the Marine and Coastal Access Act 2009
  4. 4Amendment of the End-of-Life Vehicles Regulations 2003
  5. 5Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005
  6. 6Amendment of the Hazardous Waste (England and Wales) Regulations 2005
  7. 7Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  8. 8Amendment of the Environmental Permitting (England and Wales) Regulations 2010
  9. 9Amendment of the Marine Licensing (Exempted Activities) Order 2011
  10. 10Amendment of the Waste (England and Wales) Regulations 2011
  11. 11Amendment of the Climate Change Agreements (Eligible Facilities) Regulations 2012
  12. 12Amendment of the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013
  13. 13Amendment of the Waste Electrical and Electronic Equipment Regulations 2013
  14. Signature
  15. Explanatory note

1Citation, commencement, extent and applicationI1

(1)

These Regulations may be cited as the Waste (Meaning of Recovery) (Miscellaneous Amendments) Regulations 2016 and come into force on 3rd August 2016.

(2)

Subject to paragraph (3), an amendment made by these Regulations has the same extent and application as the provision amended.

(3)

Regulations 8 and 10 do not apply to Wales.

2Amendment of the Environmental Protection Act 1990I1

In section 33(13) of the Environmental Protection Act 1990f1, for “Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council on waste” substitute “Annex I or II of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on wastef2”.

3Amendment of the Marine and Coastal Access Act 2009I1

In section 75(5) of the Marine and Coastal Access Act 2009f1, for “Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste” substitute “Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste”.

4Amendment of the End-of-Life Vehicles Regulations 2003I1

In regulation 2 of the End-of-Life Vehicles Regulations 2003f1, for the definition of “the Waste Directive”, substitute—

  • ““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

5Amendment of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005I1

In regulation 2 of the End-of-Life Vehicles (Producer Responsibility) Regulations 2005f1, for the definition of “the Waste Directive” substitute—

  • ““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

6Amendment of the Hazardous Waste (England and Wales) Regulations 2005I1

In regulation 2(1) of the Hazardous Waste (England and Wales) Regulations 2005f1, for sub-paragraph (a) substitute—

“(a)

“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

7Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007I1

In regulation 2(1) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007f1, for the definition of “the Waste Directive” substitute—

  • ““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

8Amendment of the Environmental Permitting (England and Wales) Regulations 2010I1

In regulation 3 of the Environmental Permitting (England and Wales) Regulations 2010f1, for the definition of “the Waste Framework Directive” substitute—

  • ““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

9Amendment of the Marine Licensing (Exempted Activities) Order 2011I1

In article 3 of the Marine Licensing (Exempted Activities) Order 2011f1, for the definition of “the Waste Framework Directive” substitute—

  • ““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste”.

10Amendment of the Waste (England and Wales) Regulations 2011I1

In regulation 3(1) of the Waste (England and Wales) Regulations 2011f1, for the definition of “the Waste Framework Directive” substitute—

  • ““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

11Amendment of the Climate Change Agreements (Eligible Facilities) Regulations 2012I1

In regulation 2 of the Climate Change Agreements (Eligible Facilities) Regulations 2012f1, for the definition of “the Waste Framework Directive” substitute—

  • ““the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

12Amendment of the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013I1

In regulation 4(10)(d) of the Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013f1, for “Directive 2008/98/EC on waste” substitute “Directive 2008/98/EC of the European Parliament and of the Council on waste”.

13Amendment of the Waste Electrical and Electronic Equipment Regulations 2013I1

In regulation 2 of the Waste Electrical and Electronic Equipment Regulations 2013f1—

(a)

omit the definition of “the Waste Directive”; and

(b)

after the definition of “the Directive”, insert—

  • ““the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste;”.

Signature

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

11th July 2016

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to various enactments which define waste “recovery” by reference to Directive 2008/98/EC of the European Parliament and of the Council on waste (OJ No L 312, 22.11.08, p 3) (“the Waste Framework Directive”). Annex II to the Waste Framework Directive was amended by Commission Directive (EU) 2015/1127 (OJ No L 184, 11.07.15, p 13), adding a climate correction factor into the energy efficiency formula used to determine whether an incineration facility dedicated to the processing of municipal solid waste is considered a recovery operation (recovery operation “R1” in Annex II).

These Regulations implement Commission Directive (EU) 2015/1127 by updating relevant references to the Waste Framework Directive. The effect of section 20A of the Interpretation Act 1978 (c.30) is that each updated reference to the Waste Framework Directive is to the Waste Framework Directive as last amended by Commission Directive (EU) 2015/1127.

An impact assessment has not been produced for this instrument as no impact on the public, private or voluntary sector is foreseen.